Juvenile Criminal Cases and Court System in Arizona

Juvenile Court is a separate division of the Superior Court.  It is responsible for hearing cases concerning juvenile delinquency, dependencies, termination of parental rights, adoptions, emancipation, and any other related matters. Despite the fact that most Juvenile Delinquency matters involve crimes committed by minors, they are taken seriously, just like any other case. That’s why it is important to hire an experienced juvenile attorney to handle the case.

Arizona Juvenile Court Process

The organization and process of a juvenile court system are somewhat different from that of the adult system. For instance, when an offence is committed, juveniles or minors are considered ‘detained’ rather than arrested. Thereafter, a petition is created to serve as an official charge sheet. The petition states the jurisdiction of the juvenile court and the crime committed.  The family of the juvenile is notified of the charge. Normally, the first step when juveniles are detained is to contact a juvenile lawyer. A juvenile lawyer is familiar with the juvenile system, as it is not quite different from the adult criminal justice system.  The lawyer will advise you on the steps to follow until the hearing stage.

Inside the Courtroom

The juvenile delinquency case is handled by a Superior Court judge.  If the juvenile is tried or pled and is found delinquent (the juvenile term for guilty), that juvenile will have a disposition hearing (the juvenile term for a sentencing hearing).  The court determines what sanctions should be imposed on the juvenile. All records in juvenile courts are sealed and cannot be easily accessed. This is different from adult courts where anyone can get the records based on the Freedom of Information Act, minus some redacted personal information which may be included on said documents. The sealing of records is deliberate to ensure that mistakes committed don’t haunt the juvenile in his or her future life. Records may also be destroyed when the juvenile turns 18 – as long as they have fulfilled certain conditions given by the court. One of the main contentious issues with juvenile courts is the use of indeterminate sentencing. This is where judges have the discretion of deciding the maximum sentencing for juveniles. Consequently, juveniles are observed until they serve their maximum term or when the judge feels that they have reformed their behavior. But, sometimes, working with an experienced Arizona lawyer can result in an earlier release.

Different Types of Juvenile Cases

Juvenile court processes usually differ depending on the type of case. Below are three primary types of juvenile cases:

1. Juvenile Delinquency Cases

- These are cases concerning juveniles whose actions would have resulted in criminal charges if they were adults. The type of punishment and fines in juvenile courts is somewhat different from those in adult courts. The primary goal is rehabilitation rather than punishment.

2. Juvenile Dependency Cases

- These are cases concerning minors or juveniles who have been neglected, abused, or abandoned by their respective guardians or parents. The main objective of such cases is to provide children with safety.

3. Status Offense Cases

- These are cases that concern status offences that specifically apply to minors. It may involve drunk driving, curfew violations, or truancy, among others.

The following article Juvenile Criminal Cases and Court System in Arizona is courtesy of free initial consult Robert A. Dodell Attorney At Law Robert A. Dodell, Attorney at Law

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Know Your Rights With Vehicle Searches in Arizona

People are protected from unlawful searches and seizure of their assets under the Fourth Amendment of the United States Constitution. Any type of illegal seizure of assets could negatively impact a person financially. Any type of unlawful vehicle search would violate a person's right to privacy.

Automobile Exception

This is connected to the Fourth Amendment and provides drivers with less of an expectation for privacy in their automobile when compared to their residence. Law enforcement in Arizona is still not permitted to search each vehicle they stop for a traffic violation. They must be able to establish probable cause. However, there are situations when law enforcement officers in Arizona can legally search a person's vehicle without the driver's consent or search warrant.

Probable Cause

This makes it necessary for law enforcement to have a reasonable belief that a crime may have occurred. This could involve drug possession, driving under the influence, and more. A traffic violation does not provide enough probable cause to search a vehicle. It could be a driver's actions or the objects in a vehicle that could give Arizona law enforcement officers cause to search a vehicle. There are certain common reasons they can legally search a driver's vehicle without a warrant or permission. *Law enforcement officer reasonably believes that the search is necessary for their safety *The officer has probable cause to believe there is evidence of a crime in the vehicle, such as illegal drugs or drug paraphernalia in plain sight, the odor of illegal drugs *Drivers admitted or provided information about what is in their vehicle *Statements from reliable witnesses

Vehicle Search

Once Arizona law enforcement has determined they have probable cause, they have the right to search a driver's vehicle. To do so, they will first instruct the driver and other passengers in the vehicle to exit the vehicle. Typically they will be required to stand far away from the vehicle unless they have been placed under arrest for an unrelated charge. The vehicle search will cover the entire vehicle and any belongings discovered inside it. This includes items owned by the driver and the vehicle's passengers. It could also involve using a K-9.

Routine Inventory Before Towing

A driver can be stopped if there is a warrant for their arrest or because of a traffic violation. They may not have any friends or family members to come and take possession of the vehicle, or there may be no safe place the vehicle can be legally parked. In this situation, law enforcement officers have no choice but to tow the vehicle to an impound lot. Law enforcement officers will perform an inventory of items in the vehicle to minimize the chance of legal trouble if an angry driver believes items from their vehicle are missing. Should law enforcement officers discover illegal contraband in the vehicle, it can be taken and used as evidence against the driver in court.

Unlawful Search And Seizure

There are instances when a vehicle search and property seizure conducted by law enforcement are illegal. If this happens, a criminal lawyer will file a Motion to Suppress with the court because their client's Fourth Amendment rights have been violated. There are three things a judge will consider for determining if a vehicle search by law enforcement was legal. *If the nature of the paraphernalia or drugs discovered is incriminating. A vehicle can't be legally searched if an object does not indicate a crime. *A law enforcement officer must have a valid reason to stop a vehicle. If not, they could be considered to not be legally present. *Law enforcement must have legal access to the paraphernalia or drugs. Should these items have not been in plain sight, the vehicle did not have the odor of an illegal drug, or no consent has been given for a search, law enforcement may not have a legal reason to search the driver's vehicle.

No Punishment

Under the law, there is no legal punishment associated with a driver refusing to give law enforcement consent to search their vehicle. Law enforcement officers have been known to try and bully a driver into giving them permission. It is important for a driver to know their rights and remain firm. This is an indication law enforcement does not have probable cause to search the vehicle. Anyone who is facing a felony drug charge in Arizona, after law enforcement searched their vehicle, needs to speak with criminal lawyer Robert A. Dodell, Attorney At Law as soon as possible. This legal professional understands facing criminal charges is challenging. Robert A. Dodell, Attorney at Law will know how to discuss the circumstances of the arrest and determine the best possible legal defense.  

Know Your Rights With Vehicle Searches in Arizona was originally seen on website for AZ Crim Law – azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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How Do You Know If You Are Under Criminal Investigation?

While contact from a police officer does not always mean you are under investigation for violating the law, there are times when you should be prepared for.  As a criminal attorney explains, there may be ways to know if you are under criminal investigation.

Commission of a Crime

Before explaining how a criminal investigation takes place, it is important for you to understand the types of crimes you could be charged with in Arizona. A misdemeanor is usually a lesser crime and punishable by up to six months in county jail. These cases are normally handled by lower courts. Felonies are punishable with time in the state prison. Although the case may initially be heard in a lower court, they may end up in a Superior Court hearing. Felonies are more serious than misdemeanors.

Pre-Arrest Investigation Process

A pre-arrest investigation begins as soon as the crime is committed and your initial interview with the police will be part of that crime investigation. You should always request a criminal defense attorney to be present for an interview, in order to protect your rights. Anything you tell the police during that initial interview will be used during the investigation. During this interview, the questions asked may indicate that you could face criminal charges. If the officer asks specific questions about the crime or what you were doing at the time, that could mean you are a significant part of or suspect of a criminal investigation. If they ask you to provide the names and phone numbers of the people you were with during the crime or if they ask about your drug and alcohol use, this is another sign that you may be under investigation.

Being Called in For Questioning

If the police contact you and ask you to come in to answer questions, it’s very important to contact an attorney prior to the interview. It’s very possible that the police simply need to clarify some information and you may not be the subject of the investigation. An attorney can accompany you to the interview and advise you how to conduct yourself and what questions to answer and which ones you should not, in order to avoid any possibility of incriminating yourself.

Search Warrants

In some cases, the police will not interview you first. If they receive information that you have evidence of a crime in your home, they may request a search warrant from a judge. If they arrive at your door with the warrant, it’s highly likely that you are under investigation. Officers often obtain search warrants before an interview when they are concerned that questioning a suspect could lead to destruction of evidence. If they execute a search warrant, they are hoping to find the evidence before it is destroyed. They will then use that evidence in your questioning.

Subpoena for Records

If your business is under investigation, you may learn of the probe when you are served a subpoena for records. Like a search warrant, you must comply with the officers and provide them with the records included in the subpoena. Although you do not have to answer questions during a police interview, search warrants and subpoenas cannot be ignored. It’s suggested that you have an attorney present to ensure the police do not take records not included in the subpoena. There are many ways that law enforcement may let you know you are under investigation. Sometimes you learn through “word on the street” that the police have been asking questions. There are also times that federal investigators reach out to you by mail and ask you to “come in for questioning”. No matter how a law enforcement agency reaches out to you, it is imperative that you protect your rights by hiring a criminal attorney. Robert A. Dodell, Attorney at Law, a former prosecutor with over 30 years of experience, can help. Even if you have not been arrested, Robert will help you develop an aggressive defense, guide you through the complicated judicial process and give you a complete understanding of what charges you may be facing. If you believe you are under investigation or have been arrested for a crime, contact Robert by calling (480) 860-4321, emailing Robert@AZCrimLaw.com. or fill out the easy online form to arrange for a no obligation consultation.

How Do You Know If You Are Under Criminal Investigation? is available on website for AZ Crim Law – azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Crucial Facts about Arizona Drug DWIs

Arizona DUI Laws

Arizona law, like all state law, makes it expressly illegal for one to be in control of a motor car while under the influence of any intoxicant. Arizona is notable for being one of the harshest states on drivers found to be driving under the influence. Offenders are usually subject to legal sanctions of varying severity once it has been established that they have exceeded the legal limit. The legal limit in the state of Arizona is a blood alcohol level of 0.08%. Anyone found with alcohol at this level, or higher is liable for criminal prosecution.

Arizona DUI Penalties

Understandably, for a first-time offender, the penalty for a DUI is decidedly more lenient than for a repeat offender. A first-time DUI is typically classified as a Class 1 misdemeanor. Offenders may face several legal sanctions depending on the particular circumstances surrounding the offense. They are likely to face penalties of a minimum $1500 fine and assessments, possible probation, or even be ordered to perform community service.  There is mandatory drug or alcohol counseling. There is also a short stint in jail and a suspension of driving privileges. Typically, first time DUI offenders will have their license suspended for ninety days, although a work permit may be possible after the first thirty days is completed. This suspension is referred to as administrative license suspension. Also, Arizona DUI law requires offenders to undergo mandatory counseling to educate and sensitize drivers on the dangers of drunk driving. The law is much firmer for second and subsequent offenders. For one to be charged with a second DUI in the state of Arizona, they would have to have a blood-alcohol level of at least 0.08% and would also have had a DUI conviction dated within the last seven years. A second DUI charge will see the offender face at least 30 days in jail and up to as much as six months. Additionally, the minimum fine and assessment payable is approximately $3500. Other sanctions include mandatory drug or alcohol counselling,  suspension of one's license for one year and community service, as well as possibly probation. For third-time offenders, the legal penalties are much worse, as the case becomes a felony. The fine and assessments for a third offense is approximately $4700 while they face a minimum of four months in prison. Additionally, they stand to lose their driver’s license for one year. This is not to mention the mandatory drug or alcohol counseling they will be required to undergo along with probation or community service. All told, the penalties for DUI charges in Arizona are among the harshest.

Arizona DUI Facts to Remember

There are several crucial DUI facts to bear in mind if you plan on visiting Arizona. The first of these is that commercial drivers can be arrested on a DUI charge with a blood alcohol content (BAC) of as little as 0.04%. Anybody found driving under the influence without having attained the legal drinking age is also subject to prosecution. A sad fact is that driving under the influence continues to contribute to close to a third of all accidents. Another fact to consider when it comes to DUI charges in Arizona is that failure to submit to a sobriety test leads to an automatic one-year license suspension. The penalty is much steeper if it is your second offense of refusing to take the test, for which one may face a license suspension of up to two years.

The Value of Hiring a Good DUI Lawyer

The value of hiring a knowledgeable DUI attorney is easy to see. The right DUI lawyer will keep up with the latest legal advancements to secure the best defense for their client. Regardless of the severity of the charges, it is always advisable to have a seasoned attorney in your corner. A experienced lawyer will weigh the particular circumstances of your arrest and the charges you face. Not only will they be familiar with the law but they will also understand the facts surrounding DUI cases quite well. After reviewing the case, they will be able to propose a solution that seems appropriate for the criminal charges you are facing. So, should you or your loved one be faced with DUI charges, it will pay to contact Robert A. Dodell, Attorney at Law.  He is knowledgeable in DUI law, with the experience of 30 years both as a prosecutor and defense attorney, and is your best bet toward a favorable ruling. After a free consultation, Robert A Dodell will work aggressively and tirelessly to defend you as he has done for decades. The importance of engaging the services of a stellar attorney with a distinguished history cannot be taken lightly.  Get the right legal backing in your corner.

Crucial Facts about Arizona Drug DWIs Find more on: https://azcrimlaw.com/blog/ Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

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Myths about Facing a DUI Charge in Arizona

Being charged with driving under the influence is a serious legal matter in every state. All states have unified the .08 blood alcohol content level as a presumption of intoxication but the associated legal penalties with a conviction differ significantly from state to state. Sometimes penalties are relatively administrative and standard for a first conviction, then they are enhanced with subsequent convictions. In addition, look back periods for determining the enhancement of charges is also not consistent, ranging from 7 to 10 years depending on the state. Most defendants do not realize the severity and potential long-term outcome of a DUI conviction, and often they attempt to deal with their court dates without solid legal representation and merely plead guilty as though they have no defense in the case. It is always essential to have an experienced DUI attorney when going to court for impaired driving because the outcome has a significant impact on the future of all defendants. Here are a few myths people accept regarding DUI cases in Arizona.

Intoxicated driving is a standard traffic charge.

A charge of driving under the influence is not a mere traffic violation. It is a serious criminal charge in the state of Arizona, and prosecutors are serious about making the charges stick. There are also mandatory minimum penalties in every aspect of the punishment, which is a comprehensive approach in Arizona. Prosecutors often have little room to plea bargain a conviction down, and most will not even consider this without solid legal counsel.

The law applies equally to all drivers.

The standard for a charge conviction in a typical passenger vehicle case for an individual over 21 years of age is set at .08 BAC.  But any level of intoxication while driving is a violation of Arizona law due to the restrictions on alcohol use for those under age 21. And commercial drivers are held to a .04 BAC standard when operating a vehicle, and this does not necessarily apply only to those driving tractor-trailer rigs. There are varying degrees of commercial driver licenses, and all classes are set at the .04 BAC standard.

First offenders do not receive a jail sentence.

Arizona impaired driving law is indeed one of the strictest, if not the most restrictive, in the United States. All convicted individuals are required to spend a minimum of one day in jail, along with nine additional suspended days of jail. However, judges have upward latitude regarding potential incarceration periods, and it is possible to receive the full 10-day sentence recommended by the prosecutor and accepted by the court without having an experienced criminal defense lawyer representing the case. The allowed 9-day suspension is not mandatory.

Minimum penalties are the standard for first offense charges.

Courts in Arizona are not required to issue the basic minimum punishments for a conviction, and prosecutors often have set policy for dealing with cases that exceed minimums in every aspect. Penalties are determined by the specifics of the case, and reasonable doubt is difficult to establish without solid legal counsel.

Defendants are not required to have legal representation.

All defendants in an impaired driving charge in Arizona are required by law to have legal counsel because some jail time is mandatory.  This is actually set by federal precedent for anyone who may receive a jail term of any amount in the United States. It is an adequate counsel requirement. A defendant can waive that legal right to counsel  A public defender will be appointed to represent a defendant, but only if the defendant is financially eligible under the court’s guidelines. Public advocates often have huge caseloads and limited time to devote to one particular case. It’s always best to have a private criminal defense lawyer who understands the implications of an intoxicated driving charge, who can spend the proper time on a case. These are just a few of the concerns and myths that defendants should consider before deciding to plead guilty to an impaired driving charge regardless of the strength of the state's case. In fact, the more severe cases require the most effective and aggressive criminal defense measures. A conviction assuredly has a lasting effect on the life of the defendant, including completing alcohol or drug education and having an ignition interlock device installed in the vehicle at their own expense. Never accept the idea that you have no defense in your case. If you are charged with a DUI in Arizona, you should call Robert A. Dodell, Attorney at Law, for solid and aggressive legal representation.

Myths about Facing a DUI Charge in Arizona is republished from Robert Dodell owner of azcrimlaw Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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How COVID-19 Has Changed Law Enforcement?

The COVID pandemic has brought forth numerous changes. One group experiencing major alterations is law enforcement. Arizona-based criminal attorney Robert A. Dodell invites interested parties to continue reading to learn about how the Coronavirus has changed the ways police conduct important business.

Limiting Arrests

In an effort to prevent the virus's spread, local, state, and national government and health organizations have instituted numerous safety guidelines. These safeguards, such as the practicing of social distancing, have rendered a formerly simple and straightforward activity, like executing arrests, far more challenging. Obviously, this action necessitates close contact between law enforcement official and offending individual. However, as more health mandates have entered into effect, policing agencies have been encouraged to detain fewer criminals or only arrest those committing more serious offenses.

Reduced Incarcerations

Another common pandemic spread prevention technique instituted by governing authorities is the limitations on gatherings or introducing new subjects into a given location. This edict has exerted a significant impact upon the nation's jail and prison systems. Some institutions are capping the number of new inmates to be accepted. In many cases, those convicted of mild to moderate offenses or those handed down short sentences are not always being subjected to incarceration. Moreover, in certain states, government officials have even released prisoners. Occasionally, individuals let out of jail or prison possessed serious records. Moreover, there have been reports that a percentage of these convicted felons have committed other acts of malfeasance upon their release.

Decreased Community Presence

Social distancing mandates have forced numerous law enforcement agencies to scale back their community presence. Community and police leaders throughout the nation have expressed reservations about this action. These individuals subscribe to the safety in numbers and community-based presence theories and opine that a decline in police presence could serve as an invitation for some individuals to engage in an increased amount of criminal activity.

Altered And Limited Training Programs

Another major COVID spread prevention effort has been the shut-down of practically every business or industry. Many states have begun the reopening process. However, the educational sector is reluctant to move with the expediency that other notable professions have. The continued lockdowns of schools and other educational institutions has a profound impact upon the law enforcement community. These closures have included many police training academies, in addition to colleges and universities offering criminal justice degrees. Some of these entities have offered courses online. However, certain police training methods are difficult to provide instruction for through such methods. Law enforcement officials fear an ongoing closure of educational establishments could ultimately result in fewer individuals pursuing careers as police officers.

Reliance On Personal Protective Equipment

Health officials warn that being out amongst people significantly increases one's risk of contracting this potentially deadly pathogen. Therefore, as a means of protection, those who must venture out are firmly cautioned to don personal protective equipment, such as face masks and gloves. Though necessary, outfitting law enforcement officials with these items may still place a financial strain on many departments.

Reduced Civilian Workforce

Those not familiar with the inner workings of law enforcement agencies might not realize that said establishments often employ a discernible percentage of civilians to carry out needed tasks. Social distancing and shelter at home policies have limited the number of such individuals permitted to perform their jobs at agency headquarters. Ergo, they must execute these duties online if applicable, or uniform staff is forced to handle these responsibilities. When uniform staff must expend time completing non law enforcement-related issues, said personnel are spending less time fighting crime.

A Greater Emphasis on Community Involvement

One possible positive to emerge from these circumstances is a greater degree of cooperation between police agencies and the communities within which said entities serve. A diminished community presence of law enforcement officials will force agency authorities to rely on concerned community members to help identify and snuff out criminal activity. The relationships between police and certain communities has not always been stellar. However, if the two groups are forced to work together, observers are hopeful such newly forged partnerships will eventually result in safer and better communities for all concerned parties.

Contacting Mr. Dodell

Individuals charged with any type of offense are encouraged to contact criminal lawyer Robert A. Dodell. Mr. Dodell is a former prosecutor possessing more than 30 years of experience dealing with a host of criminal cases. More information about his firm can be found by visiting https://www.azcrimlaw.com/.

How COVID-19 Has Changed Law Enforcement? is republished from AZ Crim Law – Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Violent Crimes Have Serious Legal Consequences

Being arrested for a crime can be a frightening and harrowing experience. If you have done nothing wrong, you may be bewildered by the event. The truth is that innocent people are taken into custody all the time. And, if this has happened to you, falling into a helpless malaise or protesting with anger and indignation will do nothing. You must take the accusations seriously. You must fight to preserve your rights and gain your freedom. You can begin by hiring a criminal attorney.

The Consequences of a Conviction

Crimes connected with violence have the most serious consequences. If you are convicted of murder, manslaughter or an aggravated assault you can face serious time in prison. If you are convicted of assault, including domestic violence, you face fines, incarceration, probation, and even the possibility of a civil suit. In some instances, the consequences of a civil suit for assault can be even more burdensome than the criminal conviction. That is why you must clear your name in the criminal proceeding. It will make it harder for your accuser to pursue successful civil litigation. If you are convicted of a domestic violence offense, you may be ordered to undergo counselling. You may be prohibited from speaking with or seeing your child for several months, or lose custody of them. You can also lose your right to purchase and keep a firearm. Your career will also be impacted by an assault conviction. Even an arrest for assault can lead to your dismissal from work. And, if you are convicted, you may find it hard to get another job, as the conviction will show up in any background check.

Defending Yourself

You should say nothing to the police after your arrest. You have a Fifth Amendment right not to turn in evidence against yourself and you should exercise it. You should instead call a criminal lawyer and let them do the talking for you. If the lawyer believes it is your best interest to cooperate with the police investigation, you should do so only under the guidance and with the consultation of your lawyer. The first thing your attorney will do is review the evidence the police have against you.  Based upon your attorney’s independent investigation, the attorney will recommend a course of action, including the option of a trial. The job of a criminal defense attorney whether during plea negotiations or a trial is to find gaps and inconsistencies in the prosecution’s case. Your attorney will gather the evidence, expert testimony, and witness statements necessary to raise reasonable doubt. If you are guilty of committing a violent crime and the state can prove it, your attorney can work with the prosecutor to reduce the severity of your punishment, whether or not you are not a first-time offender.  If the evidence is thin or if your lawyer finds your legal rights have been violated, your lawyer may be able to get the case thrown out. Protect your rights.  Get the best defense you can.  Contact Robert A. Dodell, Attorney at Law, for a free consultation.

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10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

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Difference Between Domestic Violence and Abuse?

Domestic violence and domestic abuse are two common terms that are typically used to describe various unlawful acts in a court of law. There is a thin line between the term domestic violence and domestic abuse. Different statutes may have a slightly varying definition of domestic violence and abuse, but most of the definitions have similar descriptions. The US Department of Justice defines domestic violence as crimes of violence and felonies done by a current or former partner, cohabiting partner, spouse, or intimate partner to the victim. However, some statues, including Arizona’s, also include children victims as part of domestic violence. Domestic violence does not discriminate. Anyone can be a victim of domestic violence regardless of gender, sex, age, race, or religion. Domestic violence further includes attempts or intentionally causing the physical injury to a victim. It also incorporates the physical, psychological, and sexual harassment of a victim. If a partner also inflicts fear either by threats, battery, economic exploitation, this is also termed domestic violence. The broadness of the term abuse necessitates one to be specific on what type of abuse was involved. The term domestic abuse is slightly broader than domestic violence. Domestic abuse is not limited to two partners or spouses, but it further extends to other parties such as children, career mates, or non-related parties. Domestic abuse can include coercive control, economic abuse, digital abuse or bullying, and harassment. Other acts such as psychological abuse, physical and sexual abuse, are included as both domestic abuse and domestic violence.

Statistics of Domestic Violence and Abuse

In the US, domestic conflict is more common in women than men. The National Coalition Against Domestic Violence records that 1 in 4 women are victims of domestic violence. On the other hand, 1 in 9 men are victims of domestic violence. In matters concerning domestic abuse, the most common forms of abuse in the US are physical, sexual, and emotional. These three forms of abuse also commonly experienced acts in domestic violence cases. The term abuse is a general term. It is not necessarily limited to individuals, but it also includes other non-living aspects. Abuse of office is a good example that is not essentially limited to an individual. Abuse of office refers to the wrongful use of an official position in denying others their right or using the office for selfish gains. Another form of abuse is the abuse of a substance. Substance abuse typically refers to the illegal use of drugs. Domestic abuse is also a form of mistreatment that happens in domestic relationships. On the other hand, domestic violence is only limited to individuals who have some form of interaction, relation, or cohabitation. The victim involved in domestic violence is inflicted with mental, sexual, or physical pain.

Legal Representation

The legal services required for domestic violence cases are quite like those of domestic abuse. Domestic violence victims and offenders require a lawyer for domestic violence. Different lawyers are needed for each case since there are various forms of mistreatment. A litigant needed in a case of abuse of office is essentially different from sexual. For cases dealing with substance abuse, one may need an attorney that deals in that area. If you are arrested for driving under the influence of alcohol, the best attorney to represent you would be a DUI lawyer. A DUI lawyer is better experienced in dealing with driving under influence cases than a domestic violence lawyer. In a reputable law firm, it is critical that the attorney practices law in the field.. At Robert A. Dodell, Attorney at Law, litigation diversity is a key component of our legal strength. The firm is well equipped to offer focused services to the clients. The firm has a professional and experienced legal counsel who knows the law. Robert A. Dodell, Attorney at Law, is also popular for the aggressive legal defense offered at competitive rates. Quality, assurance, experience, and affordability is what drives Robert A. Dodell, Attorney at Law. The firm is also highly experienced in DUI representation. Robert A. Dodell, Attorney at Law is always ready to deliver any legal counsel that you need.

Difference Between Domestic Violence and Abuse? Read more on: Robert Dodell Attorney at Law Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Criminal Charges for not Wearing COVID Face Masks or Coverings

The laws and guidelines surrounding COVID-19 can be complicated. With so many states enacting different laws, it can be difficult to understand what’s happening in Arizona. Currently, some of the laws have changed.

What’s the Difference Between Guidelines and Laws?

There is little known about the COVID-19 virus. While its danger is obvious, the symptoms and overall impact vary from place to place. Health guidelines are frequently recommended for states or countries to stay as safe as possible, but this does not necessarily mean they are enforceable by law. Many communities have their own set of rules that must be followed. In Phoenix, Arizona, refusing to wear a face mask or covering can come with a fine. In Tucson, Arizona, face masks or coverings are also mandatory. According to governor, Doug Ducey, communities can create their own rules for how face masks or coverings should be used.

Face Mask vs. Face Covering

Face masks are not all created equal. There are a wide variety of masks and coverings to choose from. Facial masks can consist of N95 masks or N95 respirators as well as other masks that cover the nose and mouth. Masks are considered a higher level of protection than face coverings and are worn in a variety of spaces. Surgical masks, also known as procedure masks are generally made from thicker material. Face coverings can be created from different types of material. A face covering can be a scarf or other piece of fabric that is worn so that it covers both the nose and mouth, but usually it is still in the form of a mask. Cloth coverings are not classified under personal protective equipment and are not substitutes for respirators or medical masks. Simply put, a face covering is any well-secured cloth that covers both the mouth and nose.

Who Must Wear A Mask or Face Covering?

The requirements which surround mask-wearing can change depending on city and county. Most people over the age of 5 must wear some sort of face-covering or face mask when in public. This is especially true if social distancing is difficult or not possible. Customers or patrons who are attending businesses inside of a building are usually required to wear a mask or covering. This includes spaces such as pharmacies and grocery stores. For particularly crowded areas, a mask or covering may also be required. Children over the age of 5 are still required in many counties to wear a mask or face covering. Even parents of children under the age of 5 are asked to encourage small children to wear face masks or coverings even if it is not mandated. Enforcement actions are not likely to happen for those who cannot force a 5-year-old to wear a mask or covering, but it can still happen. To better understand your rights, legal help is advised.

What Happens If Someone Does Not Wear A COVID Face Mask or Covering in Arizona?

Depending on the city in Arizona, wearing a face mask or covering may be mandatory. If a mask or covering is not worn, it is advised that you call a criminal lawyer if legal action is taken. The Phoenix City Council voted to adopt a mandate that now requires the use of masks and coverings in public. Several other communities are also in favor of this mandate. The mandate is for indoor use as well as outdoor use of social distancing cannot be practiced. In Tucson, Arizona, face masks or coverings are mandatory in public settings. This emergency proclamation was signed by Mayor Regina Romero. According to this law, every person in the city of Tucson that is above age 5, must cover their nose and mouth with a face covering. This law is designed for when people are in public settings and where physical distancing is difficult. Maricopa county officials passed an order that mandates that use of masks or coverings when in a public place. This law is currently in effect. Other face covering laws extend throughout Arizona depending on the precise community.

Penalties and Consequences

Local police throughout a variety of Arizona communities are responding to complaints about those who are not wearing masks or coverings in the state. While it is recommended that people call the non-emergency line when getting in touch with law enforcement, this is still an actual crime. Depending on the location, a fine can cost between $50 and $250. For businesses who do not have their employees wear face coverings, owners can face criminal charges. Businesses must provide employees with masks as well as require their use.

Legal Avenues

For many communities in Arizona, not wearing a face covering or mask can have legal consequences. With competing legal plans, which may enforce or eliminate possible civil or criminal penalties, it is often difficult for people to know what the legal ramifications of not wearing a mask or covering are. Since many mandates vary from county to county in Arizona, finding accurate and up-to-date legal representation is crucial. A criminal defense attorney can help.

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Eliminating Your DUI Record in Arizona

Many people who are convicted for driving under the influence want to know exactly when their record may be eligible for setting aside the conviction after all conditions of punishment are satisfied. The set aside is Arizona’s version of an expungement. A criminal history in general can be a real ongoing problem for those convicted, and especially when the charge is for impaired driving. This can be a factor in obtaining employment and even eligibility for government services or housing when there is a drug charge connected to the DUI record. Receiving a DUI citation is a watershed moment in the life of many and expunging the record can be of great importance for those turning over a new leaf in life. Luckily in Arizona, there is a path to cleaning up the record of your conviction after filing a petition to set aside.

Preparatory Steps

The first element of requesting a set aside in Arizona is assembling all records associated with the case and proving all penalties have been satisfied as ordered by the court. This includes any probationary period that was ordered following the charge or parole in the event of significant jail time. The seriousness of the charge can have an impact on a judicial decision. The court is not required by law to approve setting the record aside, which is what happens in Arizona. Many states seal the record from public view, but Arizona actually dismisses the case after the convicted defendant presents an organized request for dismissal based on their personal rehabilitation. It is vital to be prepared if you want to make a successful set aside request. For your DUI Arizona set aside, you will typically need records proving:

• Paid fees and fines
• Completed probation or parole periods
• Jail sentence completion
• Completing mandatory alcohol and / or drug education classes
• Completing interlock ignition device order periods

Supporting Testimony

Another component of a set aside in Arizona is the allowance of personal testimony from people within the local community supporting the claim of rehabilitation. This can include anyone from police officers to clergymen or city council members, or practically any other member of the community who can attest to a new direction in life for the petitioner. The purpose of the set aside in Arizona is based on the concept of a fresh start, but the court maintains that a fresh start must be earned beyond completing the required conditions of punishment. Having an experienced Arizona set aside attorney preparing your request means you have a legal professional representing the case who understands what the court will accept as proof of rehabilitation.

Importance of a Waiting Period

There is no statutory waiting period for set aside eligibility in Arizona, unlike many other states. Sealing a record is generally routine in some states, as each conviction is assessed individually. Subsequent personal criminal activity does not necessarily affect the sealing of some records in other states. This is not the situation in Arizona. However, a reasonable amount should pass from the completion of the sentence to show you have been rehabilitated.. Any run-ins with law enforcement from the date of offense till the filing of the set aside, can have a major negative impact for those striving for a DUI set aside. A successful set aside for an adult will “release” the individual for “all penalties and disabilities resulting from the conviction.” While it is not absolutely necessary to have an Arizona DUI lawyer preparing and representing a set aside, it is by far the most effective method for a successful petition. There are specific details that must be provided when the request is filed, and the court is not obligated to even grant a hearing when certain legalities prohibit the ruling. The attorney you choose can be the ultimate difference between an approved setting aside of the record and a court denial. Anyone who is seeking an Arizona DUI conviction to be set aside should contact the law office of Robert A. Dodell, Attorney at Law, in Scottsdale for more information.

The article Eliminating Your DUI Record in Arizona Find more on: AZ Crim Law – Robert Dodell Robert A. Dodell, Attorney at Law

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Unexpected Ways a DUI Can Impact Your Life

People know that a drinking and driving conviction will limit a driver’s freedom – due to mandatory jail and driver’s license restrictions. But it hardly ends there. The decision to drive while intoxicated is a decision that will have ripple effects impacting not only your life but also your loved ones.

Does a DUI Mean that Your Life’s Over?

No, the impact of a DUI on your life does not necessarily cripple your day-to-day living and work, but it is going to be a mess for a while. The first time you’re convicted, it can cost you thousands. You may need to post bail; you need to get an attorney, skip work to attend court hearing, and, if convicted, pay a steep fine, spend time in jail, go to DUI classes, pay for an installation of a breath-testing ignition interlock device, and also pay for it to be removed. if you’re hoping to get a good job in the future, you should know that one attribute employers search for in applicants is good judgement. DUI, if nothing else, indicates poor judgment with potentially fatal consequences. It can be unfair to judge a person based only on one a DUI conviction, but you must also understand that employers will think twice about giving you a chance if they have better alternatives in other applicants.

Ways DUI Can Impact One’s Life

DUI can impact your life in many other ways:

• Public Humiliation – After the arrest, your mugshot will be taken when you are processed in a jail. This may be reported on in a small town or if you are a person of note. The event will certainly be recorded and will stay on your record for many years, or even forever.
• Stress - Expect to be stressed out over this.  You will naturally worry about how this will affect your life, your family relationships, your job.
• Interlock Installation – The installment fee and the monthly fees for the interlock will undoubtedly cause considerable pressure on your pocketbook. However, even with all the hassle and the financial consequences, the device is designed to prevent you from driving with alcohol in your system.
• Child Custody – Fighting for children custody on an ongoing divorce case? Don’t expect the judge to look kindly on you. A DUI is a red flag that tells the court you may be an irresponsible parent.
• Insurance – A DUI tells your insurance company you’re a risky driver. Three possibilities for consequences involving insurance are:

1. 1. Cancellation of coverage
   2. Raising of rates
   3. A requirement that you purchase “high-risk” car insurance

• Employment – Your employer has the option to fire you, especially if you are working in a field where reputation is of utmost value or if you drive for work. In the future, you may be looking into gaining a license for a different line of work. A DUI could jeopardize your chances of getting such a license, and it will be more difficult to get into sensitive areas like law, finance, and medicine.
• Travel – You may be prohibited to enter certain countries, even for a simple first-offense misdemeanor. Canada is one of those countries. Even if you have obtained a visa, you may end up being detained and deported.
• Hefty Price Tag – For those who are unaware, a DUI conviction comes with a huge financial cost.

DUI Penalties in Arizona

In Arizona, the blood alcohol concentration limit is 0.08. Anything above this warrants a DUI arrest. For commercial drivers, the limit is even lower at 0.04, and for people under 21, any alcohol detected can cause the driver to be arrested and charged. For first offense standard misdemeanor DUI (BAC below 0.15%):

• Jail term of 1 to 10 days
• Suspension of license: 90 – 360 days
• Approximately $1500 in files, surcharges and assessments

Second offense standard misdemeanor DUI (BAC below 0.15%):

• Jail term: 30 to 90 days
• Suspension of license: 1 year
• Approximately $3500 in fines, surcharges and assessments

Third offense:

• At least four months in prison
• License revocation: 1 year
• Approximately $4700 in fines, surcharges and assessments

Robert A. Dodell Law Office If you are arrested for DUI in Arizona and don’t know the best steps to take, call Robert. He is an experienced criminal defense attorney in the State of Arizona. He will fight for your rights with an aggressive legal defense.

Unexpected Ways a DUI Can Impact Your Life was first published on robert a dodell, azcrimlaw.com Robert A. Dodell, Attorney at Law

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Appealing a Criminal Conviction in Arizona

If a defendant is found guilty of a crime in a jury trial in Arizona, they will likely wonder what their next step should be. Well, when someone receives a criminal conviction, it isn't always the end of the story. The law has built-in safeguards designed to protect anyone who has been wrongfully convicted of a crime.  

New Trial Motion

Often the first step is making a motion to the court for a new trial. The convicted defendant in Arizona has the right to request a new trial within ten days after the entering of their verdict as guilty. A judge also has the discretion to request a new trial on their motion when a defendant is found guilty and sentenced to death. In this case, the defendant must also agree to the new trial.

Reasons For Granting A New Trial

A new trial may be granted if it is established that the verdict goes against the evidence presented at trial or against the law. It may be possible to show that the ruling was significantly prejudiced against the defendant. A defendant can show they did not get a fair and impartial trial based on one of several aspects. It may be possible to establish there was misconduct on the part of the prosecutor, the jury, or even the defense.

Misconduct of the Jury

Jury misconduct can take many different forms. *Determining the verdict by lot and not from deliberation *Accepting some type of bribe *Basing the verdict on evidence that was not properly presented at trial or was stricken from the record *Being intoxicated at the time of deliberations *Making false statements when the jury was selected *Talking to any of the interested parties about the case prior to a verdict

Motion To Vacate Judgment

This can happen when new evidence is discovered that would have changed the outcome of the trial. It may also be determined that the verdict given violated either the law of Arizona or the United States. Under these circumstances, the defendant can file a Motion to Vacate Judgment. This type of motion is required to be filed within sixty days after the entering of a judgment. In this situation, it may also be possible to file a Motion for Modification of Sentence. This must also be filed within 60 days after a judgment is entered.

Motion to Correct Record

It is possible mistakes could be made when it comes to turning a verbal order into writing or when copying information to a docket. Should a court clerk make an honest mistake in judgment, in the verdict, or other areas of the record, as well as any mistakes that are an obvious oversight, the defendant has a right to file a motion that would correct the record. This type of motion can be brought at any time. Should this type of motion be brought after the trial and be denied, it is still possible for a defendant to appeal the motion denial, the original verdict, or both.

Appeal Process

In an appeal, the defendant will be known as an appellant. Once their appeal has been docketed, an appellant will then file a brief. This brief will explain the history of their case, including everything that occurred when the case was in the lower court. It will also explain why the decision went against the law. The State of Arizona will then file an Appellee's Brief on felony convictions.d. This will challenge the appellant's arguments. The appellant may be permitted to file something shorter known as a Reply Brief. Once this is done, the Court of Appeals will determine if oral arguments will be permitted. In these cases, oral arguments are often short. An appellant must include everything they want to be considered in their brief. Once the hearing takes place, no new arguments will be permitted.

Writ of Habeas Corpus

The last action someone can take who believes they've been mistakenly convicted of a crime is to file a Petition for Writ of Habeas Corpus. This is often done after all other possible appeals have been exhausted. It’s a process that may challenge the legality of the defendant's conviction, arrest, or condition of their imprisonment. If a court finds the detention of an individual by the state of Arizona is unlawful, that individual must be released. When an appellate court reviews a case, they are only evaluating the application of the law. With an appeal, there is no jury. An attorney won't be able to provide witnesses or any other type of evidence. The court will make its determination based on the facts disclosed during the trial. This may change if there is a factual finding that obviously goes against the weight of the evidence. Anyone attempting an appeal will need to speak with an experienced criminal attorney. They will know how to obtain the best possible results.  

Appealing a Criminal Conviction in Arizona is available on write up on the Robert Dodell Blog Robert A. Dodell, Attorney at Law

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What Happens If You Violate Coronavirus Lockdown in Arizona?

States and cities have the power to mandate whether residents must stay home, and which businesses may remain opened or closed in response to the coronavirus. The governor’s order requires residents to limit their time away from home except when they engage in essential activities. In Arizona, essential activities include working essential jobs and exercising.

Law Enforcement is Instructed to Warn Before Arresting

If you fail to comply with the lockdown order, you may face criminal penalties. However, law enforcement has been instructed to provide residents with an opportunity to comply with lockdown orders before they perform an arrest. The governor of Arizona has expressed concern over protecting the civil liberties of Arizona residents and wishes to strike a balance.

Lockdown Violations are a Class 1 Misdemeanor

Law enforcement is empowered under A.R.S. § 26-303(E)(1). The violation of a lockdown order is a Class 1 misdemeanour. You might face fines and up to six months in prison. The law enforcement officer must first inform you of the requirements and give you a chance to comply with the new shutdown orders. They also cannot ask for your papers or proof that your activities are justified. If the officer does choose to seek criminal charges, you are unlikely to face jail time and will more likely be issued a citation to appear in court. You will most likely pay a fine.

Health Department Regulations

The governor also provided the Department of Health Services with the power to create regulations. Violating some of these regulations would be considered a Class 3 misdemeanor and may involve fines and jail time in rare cases.

Related Misdemeanors You May Be Charged With

If you place others in danger, you may face more serious penalties. For example, the Arizona criminal code has a section called "Offenses Against Public Order". This includes conduct that is "unreasonable under the circumstances", and "recklessly creates a condition that endangers the health or safety of others". Those who violate this have committed a Class 3 misdemeanor. Also, if you injure the health of someone else, this is considered a Class 2 misdemeanor. For those who receive a Class 2 misdemeanor, you may be imprisoned for up to four months. For those who committed a Class 3 misdemeanor, you may be imprisoned for up to 30 days.

Consequences

If you are arrested for violating the lockdown order, you may want to contact a lawyer. The last thing you want on your record is a misdemeanor charge. Not only can the fines and possible imprisonment substantially disrupt your life, but you will have a criminal record regardless of how minor the crime was. This record will always follow you, and some employers have blanket bans on any type of conviction. A college admissions office may also learn about the misdemeanor and deny your application as a result. Landlords will sometimes deny an applicant when they discover a misdemeanor on their record. It is vital for anyone being charged with a misdemeanor to do their utmost to try to avoid being found guilty.

Legal Defenses

To avoid a criminal record for a lockdown violation, you could argue that you were engaging in an activity allowed under the lockdown orders. For example, you are allowed to exercise and walk your dog as long as you follow social distancing rules. You may also be accused of not staying at home when you were actually on your property during the incident. You may face criminal charges if you have a gathering of more than ten people. However, your defense may allege that one of the individuals in the gathering was not supposed to be a part of the gathering or was not close enough to the rest of the group to be considered a part of the group.  Another defense crafted by a criminal lawyer against the violation may be that you were placed under duress or coercion. Any threat of intended harm to force you to perform an action would be considered duress. You may have also violated the lockdown order as an act of self-defense. With Robert A. Dodell, Attorney at Law, you will be able to obtain the services of a knowledgeable attorney to help you defend against the charges.

What Happens If You Violate Coronavirus Lockdown in Arizona? was originally published to robert a dodell, azcrimlaw.com Robert A. Dodell, Attorney at Law

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When is Self-Defense Justified in Arizona?

When you find yourself in a self-defense situation, you may assume that you can defend yourself to the fullest extent allowed by law.   However, if you attempt to claim self-defense after a violent or deadly encounter, you will discover that there are limits to self-defense and you may even face criminal charges if you go too far. Arizona has self-defense laws referred to as "stand your ground" laws, and you will have the opportunity to defend yourself without being forced to retreat. You may also use threats instead of force. If someone were to start punching you, Arizona law permits that you punch them back until they are no longer a threat. However, the use of unreasonable force may open you up to civil liability. You are allowed to defend yourself against physical force, and you may use physical force to stop:

• Arson
• Burglary
• Kidnapping
• Manslaughter
• Murder
• Child molestation
• Sexual conduct with a minor
• Armed robbery
• Aggravated assault

In some cases, you will not be charged at all if the law enforcement officer and prosecutor finds that you were clearly acting in self-defense. However, if you are arrested, the prosecution must prove beyond a reasonable doubt that you did not use justified force. Castle laws exist in some states and allow a resident to use lethal force if someone enters their home. While Arizona does not specifically have a castle law, statutes permit residents to use lethal force when an intruder breaks into your home.

When You May Not Use Physical Force

Physical force may not be used in certain circumstances. You must not use physical force if the other party issued a verbal threat. Instead, it must be a threat of physical force that is imminent or the other party must threaten to commit a crime. You are not allowed to use self-defense when the other party using force is a law enforcement officer. The police are granted special privileges to allow them to do their jobs including the option to use physical force. You must avoid using deadly force unless you had a reasonable fear that your life was in danger, and you should only use deadly force as a last resort. The police will likely charge you with a crime if you injure or kill an innocent third party in the process of engaging in self-defense. Some self-defense cases involve provocation where you may have encouraged the other party to attack you by taunting them. Under these circumstances, you may not use self-defense as an argument. However, if you may communicate a clear intent to withdraw and you may then claim self-defense if the other party continues to use force.

Why You May Need an Arizona Criminal Attorney

Even when you believe you are lawfully acting in self-defense, the prosecutor may describe a different version of the events. You will need an experienced Arizona criminal defense attorney to help you. Robert A. Dodell, Attorney at Law, may find an expert witness to assist in the self defense claim. To prove that your act of self-defense was justified, your defense attorney, Robert A. Dodell, will interview witnesses and call on them to testify. Some cases can test the limits of the law. For example, you may have shot the other party while he was choking you. Because the judge and jury ultimately decide whether your use of force was justified, always be hesitant to use deadly force unless you believe that your life is in danger. You will need a lawyer in self-defense cases because the laws in any state are subject to change and you will need to craft a defense based on facts of the case, current laws and available precedent. Contact Robert A. Dodell, Attorney at Law, for help.

When is Self-Defense Justified in Arizona? Find more on: www.azcrimlaw.com/ Robert A. Dodell, Attorney at Law

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Understanding Domestic Violence Charges in Arizona

In Arizona, the definition of domestic violence (DV) is quite broad. You won’t find this charge as its own crime in state laws. Instead, you will face a DV penalty in addition to underlying charges for other acts if you have a domestic relationship with the alleged victim.

The domestic violence designation could apply to multiple underlying crimes, including the following:

• Criminal damage or trespassing
• Disorderly conduct
• Physical, sexual, or aggravated ssault
• Endangerment
• Harassment
• Kidnapping
• Negligent homicide, manslaughter, or murder
• Stalking, intimidating, or threatening
• Unlawful imprisonment

Your Relationship to the Victim Determines Whether DV Applies

To meet the state’s definition of domestic violence, you need to have a specific relationship with the other party involved. Keep in mind that these types of charges apply to more than just legally married couples. If you have or have ever had a romantic relationship with the victim, lived with the victim, or if you have a child together, your relationship qualifies. Domestic violence charges can also apply to crimes committed against blood relations, relatives by marriage or court order, and children in your home who are related to your spouse or roommate. When you’re unsure whether your relationship with the victim makes DV charges applicable, contact Robert A. Dodell, Attorney at Law, for assistance.

Penalties You May Face

Since Arizona charges for domestic violence along with the crime it involves and not as a crime on its own, the penalties stem from those given for the base crime. However, if your original charges come with DV charges, you will receive additional penalties on top of what you would receive for the base charges. This means that, when your conviction involves domestic violence, you could serve more jail time,  undergo mandatory DV counseling, and experience other negative consequences. The exact domestic violence penalties you will face depending on what you are charged with. If, for example, you’re charged with a Class 3 DV misdemeanor, you could face up to 30 days in jail and a maximum fine of $500. However, if your case involves serious bodily injury sustained by the alleged victim, that’s a Class 3 dangerous felony that carries a sentence of up to 15 years in prison, and fines up to $100,000. Multiple convictions for crimes with a domestic violence charge can increase your penalties, too. Being convicted of a DV crime three times or more over a period of 84 months in Arizona is a Class 5 felony, making you subject to fines and a prison sentence of up to 2.5 years.

The Domestic Violence Legal Process

In Arizona, the state has up to one year to file a charge against you for alleged domestic violence if it’s a misdemeanor. For felonies, the state has up to seven years. Once you are officially charged, it is best to enter a “not guilty” plea. Here, it’s wise to speak to an attorney about how to proceed. Your attorney will help you during this time and offer you guidance, advice, and a realistic outline of your case. The legal process is not an easy one for domestic violence charges. While you can attempt to handle your case on your own, this could result in a worse outcome than if you had legal representation.

I am Here to Help

An experienced attorney like Robert A. Dodell, Attorney at Law, can help you craft a defense strategy that is appropriate for your situation. There are many possible defenses to domestic violence charges including that the wrong party is being charged, self-defense, acts in defense of someone else, false accusations, police misconduct, and lack of evidence. The right approach in your case could lead to reduced charges or even a dismissal of your case altogether. When you are facing serious charges, contact an attorney for assistance as soon as you can. Being convicted of a serious crime will impact your life for many months and even years to come, and your very freedom could even be on the line. In this type of situation, you simply can’t afford to leave anything about your case to chance.

Understanding Domestic Violence Charges in Arizona See more on: https://www.azcrimlaw.com Robert A. Dodell, Attorney at Law

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Some Key Facts Concerning Motorcyclists in Arizona

As a former prosecutor and an experienced criminal attorney, Robert A. Dodell, Attorney at Law, offers zealous representation in DUI cases involving motorcyclists. The Scottsdale-based law firm offers useful educational information for the public about DUI's and motorcycles in the Grand Canyon State:

Six Key Background Facts About Arizona Motorcyclists

1. The State of Arizona specifically licenses drivers of motorcycles. These individuals apply to receive an "M" class license endorsement. The standard M license expires at age 65, although drivers must renew the photo and eye exam portions of the application at 12-year intervals. Applicants for an M class license endorsement age 60 or older receive a five-year motorcycle license.
2. Arizona registers motorcycles. The Statista website estimates some 170,240 registered motorcycles operated in Arizona during 2018 alone. In 2020, a registered motorcycle exists in Arizona for every 36 people in the population. The state ranks 29th in terms of motorcycle ownership nationwide.
3. Arizona promulgates specific traffic regulations for motorcycles. These provisions allow a motorcycle to use a complete traffic lane. However, state traffic regulations also permit motorcyclists to ride in a two abreast formation. Motorcycle riders cannot ride with more than two motorcycles abreast, however. Additionally, they cannot pass an auto in the same lane, or drive between adjoining rows of autos.
4. Motorcyclists in Arizona must carry liability insurance. As of 2014, Arizona required motorcyclists to carry specified minimum levels of liability insurance to protect against property damage and physical injuries.
5. Motorcyclists must meet specific requirements to transport passengers. Both the driver and passenger require their own seats and footrests. ARS 28.924.B specifically requires that motorcycles in Arizona possess functional headlamps.
6. Motorcycle safety poses a big concern in Arizona. Between 2016 and 2017, Arizona departed from national trends by witnessing an upturn in motorcyclist traffic fatalities. Some 165 motorcycle deaths occurred in Arizona during 2017, an increase of 14.6% over the previous year.

DUI's And Motorcyclists in Arizona

1. Arizona maintains an Implied Consent Law. It impacts all drivers in the state, including motorcyclists. The law requires drivers arrested for driving under the influence (DUI) to consent to a blood alcohol or drug content testing as a condition of retaining one’s driving privileges. Refusing the test (or failing to cooperate in its completion) automatically results in the loss of driving privileges.
2. DUI laws apply to Arizona motorcyclists. The regulations prohibiting DUI in Arizona apply to motorcyclists as well as automobile drivers.
3. Arizona prohibits any alcohol blood concentration levels for some drivers. Drivers (including motorcyclists) under age 21 who have arrested for DUI risk the suspension of their license with the detection of any concentration level of alcohol in the bloodstream.
4. Motorcycle DUI's in Arizona carry steep penalties. A first DUI conviction results in a minimum 10-day jail sentence, with 9 days suspended, and a fine of at least $1,500. A defendant convicted of this offence must undergo substance abuse or alcohol counselling.  Arizona requires the modification of the ignition to include an interlock device to prevent impaired driving. A second subsequent offence carries a jail sentence of at least 90 days in jail, with 60 days suspended, and minimum fines of at least $3,500, along with the mandatory substance abuse or alcohol counselling.
5. Extreme DUI carries elevated penalties. Defendants with a blood alcohol content of 0.15 or above incur significant penalties and fines for DUI.
6. Super-extreme DUI carries even greater elevated penalties. Defendants with a blood alcohol content of 0.20 or above incur ever-greater penalties and fines for DUI.
7. An Aggravated DUI conviction, which is a felony, carries prison time. An aggravated DUI arises in four specific circumstances:
   1. Refusing a DUI blood test or committing a DUI while currently subject to an ignition lock requirement
   2. Previously convicted of a DUI two times within a 7-year period
   3. Committing DUI with a suspended, cancelled, or revoked license
   4. Committing DUI while transporting anyone under age 15

8. Arizona may require a certified interlock ignition manufacturer to install a motorcycle ignition lock. This process increases the overall costs of incurring a motorcycle DUI in Arizona.

Find a Knowledgeable DUI Attorney

Motorcyclists facing DUI charges in Arizona can sustain potentially serious consequences if convicted. Thus, it generally makes sense to seek experienced, skilled representation in this type of case. To discuss your case with an aggressive criminal defense attorney, speak with Robert A. Dodell, Attorney at Law. Contact him through his office in Scottsdale, or by calling 480-860-4321 to request a free initial consultation.

Some Key Facts Concerning Motorcyclists in Arizona was first seen on (www.azcrimlaw.com) Robert Dodell Robert A. Dodell, Attorney at Law

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Arizona Age Of Consent: Some Important Facts

There are multiple elements in law that have an effect on the outcome of cases. One of the major factors always considered is the age of the people involved in the case. One of the most classic applications of age in legal matters is the age of consent. This has placed countless individuals in Arizona and beyond into legal trouble, both justified and otherwise. Given its sensitivity, it’s appropriate that we further discuss the age of consent in the state of Arizona and what it means for those who are facing cases where age affects what they can be charged with and even whether their actions were a violation of the law. The age of consent is defined as the minimum age when a person is considered old enough to participate legally in any sexual activity. Age of consent differs from state to state. In Arizona, the age of consent is set at 18 years old. This means that a person who is 17 years old or below is not considered legally able to consent to sexual activity. This is because they are not yet considered an adult. Even if the person involved consented to the sexual act, if they are 17 years old or below, their partner can be implicated in a crime if they engage in any sexual act with them. Interestingly, these statutory offences make any sexual conduct a crime if one is not at least 18 years of age.  This is actually relatively common in the practice of criminal law. This is due to multiple factors and it doesn’t necessarily involve adults with sexually predatory behaviors. As long as one of the parties involved is below the age of consent, their partner could potentially be charged with a sex crime, especially if their parent or legal guardian takes issue with the action. It is a relatively common occurrence for a number of reasons. First, both men and women under the age of consent may be involved in sexual acts, willingly or otherwise. Also, sexual experimentation and promiscuity are high in America, even at a young age. Those who can file charges for a sex crime include the minor himself/herself and their parents/guardians. Regardless of the reason for such charges, the consequences for the accused can be severe: it can even be filed as a felony charge, depending on factors such as the age of the child (the lower the age below the age of consent, and the wider the age difference, the harsher the penalties are), the presence of exploitation, coercion, and/or harassment, and involvement with other criminal acts (pornography, prostitution). Potential charges can increase further depending on these factors. The committing of a sex crime that involves minors, is heavily condemned worldwide for good reason. However, it must be recognized that not everyone who is charged with such a crime is rightfully indicted. A lot of these cases are filed as an act of retaliation, either by parents who do not agree with their child entering a relationship at a young age or someone who wants to get revenge on an ex. Because of the severe punishments involved in sexual acts committed under the age of consent, legal intervention is necessary to settle such cases fairly. Both the accuser (the person under the age of consent and/or their representatives) and the defendant (the person accused of being involved in sexual acts with a person under the age of consent) have the right to proper legal representation in such cases. That means getting the right criminal attorney to represent them in the process of resolving such cases. If you are dealing with a case involving the Arizona age of consent, the best thing you can do is to ask for legal advice. Get legal assistance here at Robert A. Dodell, Attorney At Law. A lawyer for more than 30 years, my practice focuses on criminal law. I can provide legal assistance in Scottsdale, Tempe and Mesa. for those who are either pushing a case on violation of the age of consent, or those who are being charged in such cases and feel that they are being wrongfully accused. Visit my office, call me, or visit my website to know more about my services or to set up an appointment. I am ready to help you out with this and other cases where the help of a criminal lawyer is needed. If you want to know more about the services of Robert A. Dodell, or set up an appointment, you can visit my office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.  

Arizona Age Of Consent: Some Important Facts Read more on: Law Offices of Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Can I Get a DUI If I Am Not Driving?

Driving under the influence, also known as DUI, is a criminal offence that cuts across all parts of society. Driving under the influence of alcohol or illegal substances is a bad idea in any part of the globe, mainly because of the potential of causing harm or death to yourself and others. This is especially so in Arizona, a state boasting arguably the toughest DUI laws in the United States. One of the most common questions I receive is if it is possible to get a DUI when you aren’t driving. In this article, I will try to answer this question and provide other handy info on the state’s DUI laws. The short answer to this question is “Yes”, you can still get a DUI offence even when you are not driving. This is made possible by the clause in DUI law known as “actual physical control”. This part of the law states that, if you are in actual physical control of a vehicle, even when you are NOT driving it, you can be charged with, and possibly convicted for, a DUI. Whether the person is in “actual physical control” or is driving, Arizona’s severe penalties are the same.  It is still a major inconvenience that has affected many people based on our experience in handling these cases. So how does “actual physical control” come into play? Actual physical control can be invoked when your car is running, regardless of which seat you are in at the time of the apprehension. You can also be considered to have physical control of the vehicle even when the engine is turned off. If the car keys are slotted in the ignition (even when the car is not running) and/or you are sitting at the driver’s seat, you can be charged with a DUI as well. Also, being at the driver’s seat and having possession of the keys (ex.: in your pocket) can also be grounds to suggest you had physical control of a motor vehicle. There are other situations surrounding your arrest that can further increase your chance of being given a DUI charge, even when you are not driving. If your car is parked at an inappropriate spot, like in the middle of the road, you are more likely than not going to be assumed to have parked it while inebriated. If your car is obstructing someone’s private property or your presence is preventing another car from moving, you’re more likely to be flagged for a DUI. The worst thing is getting involved in an accident, even when your car is not moving. You cannot be charged with a DUI if you do not have alcohol or other illicit substances in your system. A DUI in Arizona is filed if you are in actual physical control or in the operation of a motor vehicle and (1) impaired to the slightest degree by alcohol or drugs, (2) have a  blood alcohol concentration is measured at .08% BAC and above, or (3) have any illicit drugs in your system. So, how can you avoid incurring a DUI offence? Make sure to not drive with alcohol or drugs in your system. For everything else, it would be best to know your rights as a defendant. You can be indicted with a DUI if you are in possession of a motor vehicle and intoxicated. However, it must be ascertained first that you are indeed driving or in actual physical control of the vehicle and that you are acting inappropriately on the road. So, there you have it. Even if the terms may sound counter-intuitive, it is indeed possible that you can be charged with a DUI when you are not driving. If you are dealing with a DUI case and/or have been implicated in one, then you need legal help to protect your rights and keep your criminal record clean. The help of a criminal lawyer will prove valuable in such situations. You can get the legal help you need right here at Robert A. Dodell, Attorney At Law. With over 30 years of experience in criminal law, Attorney Dodell knows how to defend DUI cases in Tempe. If you want to know more about the services of Robert A. Dodell or you want to set up an appointment, you can visit the office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.

Can I Get a DUI If I Am Not Driving? was originally published on write up on the Robert Dodell Blog Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Domestic Violence Charges Defense in Mesa AZ

Domestic violence charges should always be taken very seriously. Arizona laws are very aggressive about domestic violence charges, and the penalties associated with these charges are severe. The State has the authority to charge and prosecute a person for domestic violence even if the alleged victim does not wish to pursue the case. Robert A. Dodell, Attorney at Law, provides criminal defense representation for anyone who has been charged with or is under investigation for a domestic violence crime. I understand that being convicted of this serious charge could change your life. I make sure that your rights are protected, and your side of the case is heard.

Domestic Violence Crimes Cases We Have Defended

There are many crimes that could be charged as domestic violence. The crime is the underlying charge; domestic violence is a qualifies that crime. Domestic violence is almost any criminal act of abuse committed by one “family or household member” against another. The crimes are not all violent in nature. Examples of such crimes include:

• Assault
• Assault with a deadly weapon
• Trespass
• Disorderly Conduct
• Threatening or Intimidating
• Endangerment
• Violation of Restraining Orders
• Harassment
• Sexual assault
• Abuse of a child or vulnerable adult
• Unlawful restraint, unlawful imprisonment, or kidnapping
• Stalking and
• Manslaughter
• Homicide

The penalties increase when the crime is one of domestic violence.. Make sure to protect your rights and seek legal representation.

Penalties for Domestic Violence Conviction

If you’re convicted of domestic violence as a first-time offender without any additional charges, you can expect the following penalties:

Misdemeanor Convictions:

• Class 3 - Up to 30 days in jail and/or a fine up to $500
• Class 2 - Up to four months in jail and/or a fine up to $750
• Class 1 - Up to six months in jail and/or a fine up to $2,500

Felony Convictions

• Class 6 - Prison term ranging from four months to 2 years, with a presumptive term of imprisonment for one year
• Class 5 - Prison term ranging from six months to 2.5 years, with a presumptive term of imprisonment for 1.5 years
• Class 4 - Prison term ranging from one year to 3.75 years, with a presumptive term of imprisonment for 2.5 years
• Class 3 - Prison term ranging from 2 years to 8.75 years with a presumptive term of imprisonment for 3.5 years
• Class 2 - Prison term from 3 years to 12.5 years, with a presumptive term of imprisonment for five years

If multiple charges or additional charges have been levied against you, you can expect more severe penalties.. If you have been previously convicted of any felony, you can expect an even substantially greater penalty as allowed by law..

Consequences of a DV Case Conviction

A domestic violence conviction will have many personal consequences outside of court penalties. If you are convicted of this charge, you may also face:

• Limited visitation with your children
• Loss of your rights for gun ownership
• Notification of the conviction to professional licensing boards
• If convicted of a felony, you may need to disclose this information on job and rental applications

A conviction of domestic violence will also place strain on personal relationships with friends and family, cause problems at your place of employment, and impact chances for job growth.

Why You Should Hire Robert A. Dodell, Attorney at Law

Attorney Robert A. Dodell understands the seriousness of facing a domestic violence charge. I understand that a conviction will affect all areas of your life and that having good legal representation will make a difference in the outcome of your case. My law firm is compassionate and understanding. I am not here to pass judgment. I am here to protect your rights and help you build a solid case for your defense. I am here to make sure that your side of the story is heard and that your evidence is examined. I am here to protect your Constitutional right to a fair trial. My law firm will investigate your case thoroughly and help you build a good defense for the charges against you. I will:

• Review the arrest record and the events leading to the arrest
• Interview witnesses
• Review all evidence against you
• Review all evidence in your favor
• Aggressively represent your case in court

There is no reason that you should ever face the court alone with such serious charges. Contact Robert A. Dodell, Attorney at Law, for quality criminal legal representation.  

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